On 1 October 2007 the Racial and Religious Hatred Act 2006 came into force.

The Act, which amends the Public Order Act 1986, creates a new criminal offence of stirring up hatred against a person on racial or religious grounds which carries a fine or a prison sentence of up to seven years if convicted.

Employers should not let this Act slip by unnoticed, as it extends criminal liability to businesses if it can be shown that hatred has been stirred up with the consent or connivance of a director, manager, secretary or any person purporting to act in any such capacity. If proven, both the individual and the business can be found guilty of an offence.

What do employers therefore have to be on the look out for in order to ensure they do not find themselves on the wrong side of the law? An offence is committed where the use of words, behaviour or the displaying of written material that is threatening, abusive or insulting towards a group of people has the intention or likely effect that it will result in hatred being stirred up against them because of their religious beliefs or lack thereof.

Does this mean that employers should be worried that they are running the risk of being found guilty of stirring up racial or religious hatred?

For most employers, the answer is no. Since 2003 employers have been aware of employees’ rights under the Employment Equality (Religion or Belief) Regulations 2003. In order to avoid falling foul of these regulations employers should already have equal opportunities and anti-harassment policies. If these policies are well drafted and well adhered to then employers should have little to worry about.

However, the introduction of this new Act provides a good opportunity for employers to review these policies and their application across their businesses. Some simple but effective steps may include:

  • Reminding workers, clients and customers of the business’s equal opportunity and anti-harassment policies

  • Reiterating that harassment will not be tolerated

  • Reminding employees of the procedures for lodging complaints of discrimination and harassment

  • Ensuring managers and supervisors understand their responsibilities under the business’s equal opportunity and anti-harassment policies

  • Providing further/refresher training on equality and anti-discrimination legislation together with the new Act.

Employers are already aware that they are responsible for maintaining a workforce that is free from discrimination and harassment and that they cannot afford to tolerate any such form of abuse. After all, a failure to take reasonable steps to prevent such behaviour can already result in the employer shouldering the liability for the actions of abusive staff.

An employer who has a problem with harassment or discrimination within its business should bear in mind that even if such behaviour does not fulfill the definition of this new offence, employees are still afforded protection under the 2003 Regulations, the Protection from Harassment Act 1997 and also through a claim for constructive dismissal if the behaviour breaks down the mutual trust and confidence between the employee and their employer.